Key points of new abortion law and the collapse of painful rules


Monteiro’s initial bill passes the Council of Ministers without reducing VAT for feminine hygiene products or criminal prosecution for those who resort to surrogacy outside Spain.

Irene Monteiro, Minister of Equality in Congress.
Irene Monteiro, Minister of Equality in Congress.Kiko HuescaEFE
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Voluntary in pregnancy for girls aged 16 and 17 without parental permission, guaranteed abortion in the public health system, sick leave due to painful periods or pre-partum sick leave from the 39th week of gestation barrier. These are some of the main innovations brought about by a draft law promoted by Irene Monteiro’s Ministry of Equality that reforms abortion legislation. A norm that is comprehensive because, in addition, it regulates new rights and obligations related to sexual and reproductive health.

The text was passed for the first time this Tuesday by the Council of Ministers without two issues that were in the draft but which were eventually rejected by other ministries and would not be part of the text: Reduction in VAT for feminine hygiene products (tampons) , compresses…) and criminal prosecution for those who resort to surrogacy outside Spain.

These are the key points of an early project:

access to abortion

The main novelty is that women aged 16 to 17 will be able to voluntarily abort their pregnancy without the parent’s permission. Therefore, what was established in the Law of Conditions approved by Zapatero in 2010 and Rajoy changed in 2015, only requiring parental authorization from minors at this point.

The three obligatory days of reflection end from the moment a woman asks for an abortion to confirm her decision. The envelope with the information will be given to the requesting women only.

Those who interrupt their pregnancy shall be entitled to a period of leave and provision of comprehensive and special assistance and support in cases of termination of pregnancy.

Health centers will distribute the morning-after pill for free and to sexual and reproductive health care centers. Now you have to go to a pharmacy and it costs 20 euros.

Government hospital and conscientious objection

The law protects access to abortion in public health, in all hospitals and near the home. Its purpose is to prevent a woman from traveling hundreds of kilometers to go to other provinces or autonomous communities. In the last five years, there are 12 provinces where not a single voluntary termination of pregnancy has been reported.

Honest objection is guaranteed as a personal right of medical personnel, but there will be a registry, in the same way as in euthanasia law, to guarantee that there are always personnel available to perform abortions in hospitals. Objections may persist without making these interventions, whether from public or private health.

Less cause of painful periods and menstrual health

This law regulates for the first time in a European country the right of a woman who suffers very painful regulations and takes sick leave. It will be included in the list of causes causing temporary incapacitation. It will be funded entirely by the state and not by the company from day one. In addition, the worker will not be required to have a minimum number of days to contribute to Social Security to access this leave, as is the case in other cases.

This loss of menstruation, which is often related to diseases, will be governed by a doctor and will not last for a maximum of days (the first was three).

The Equality Ministry called for a reduction of VAT on feminine hygiene products such as pads or tampons from 10% to 4%, but it is ultimately a measure that has been deferred to budget negotiations by the Treasury’s decision.

Free products will be distributed to institutions, prisons, women’s centers, civic centers, social centers or public organizations to combat “menstrual poverty”.


A prepartum leave is made from the 39th week of pregnancy, in which maternity leave will not be taken for any day. The proposal of the ministry was from the 36th week.

Good practices will be promoted at all stages of pregnancy, especially in labor and postpartum.


The latest generation birth control pills will once again come under Social Security.

The rule will promote male contraceptive methods.

“Reproductive Violence”

It has been determined that surrogacy, colloquially referred to as surrogacy, is a form of violence against women. Currently it is already considered a legal activity in Spain, but now, with this idea, advertising of this activity in other countries will not be allowed.

Equality was intended to punish the parents of children born by surrogacy, even if they did so in countries where the practice is legal. In the end, the Ministry of Justice has rejected the proposal and it is thrown out.

Forced sterilization and forced pregnancies and abortions for women with disabilities are considered violence against women.

sex education

Sex education will be widespread in key educational stages, with a focus on consent and good treatment.

Public care centers specializing in sexual and reproductive health and a hotline will be created.

Training in sex and menstrual education for teachers, prison officers and public servants.

according to the norms of

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